Court No. - 6
Case :- WRIT - B No. - 1931 of 2020 Petitioner :- Polhawan And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Arvind Kumar Upadhyay Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
Heard Sri Arvind Kumar Upadhyay, learned counsel for the petitioners and learned Standing Counsel for the State - respondents No.1 and 2.
The petitioners had moved an application for recall of the order dated 11.01.2019 passed by the respondent No.2-Consolidation Officer, Sathiyaon, District- Azamgarh on the foot that the order was ex parte to the petitioners. The application was registered as Case No.Tajvijsani 122+647 (State Vs. Polhawan). The only prayer made by the learned counsel for the petitioners is that the restoration application may be decided within a stipulated period of time.
It is contended that the restoration application has not been decided without sufficient cause.
Learned Standing Counsel submits that the Consolidation Officer is under obligation of law to decide the restoration application within a reasonable period of time.
A perusal of the order-sheet shows that the restoration application was filed on 22.02.2019. The decision on the restoration application has been inordinately delay for no good reason.
In light of the preceding discussion, the matter is remitted to the respondent No.2-Consolidation Officer, Sathiyaon, Azamgarh.
A writ in the nature of mandamus is issued commanding the respondent No.2-Consolidation Officer, Sathiyaon, Azamgarh to execute the following directions:
(i) The respondent No.2-Consolidation Officer, Sathiyaon, Azamgarh shall decide the restoration application dated 22.02.2019 within a period of four months from the date of production of a computer generated copy of this order, downloaded from the official website of the High Court Allahabad.
The computer generated copy of such order shall be self attested by the petitioners (party concerned) along with a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked. The Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
(ii) The respondent No.2-Consolidation Officer, Sathiyaon, Azamgarh, shall ensure that the respondent No.3 is heard before any order is passed on the said application.
(iii) All parties to the lis are directed to cooperate in the proceedings before the respondent No.2- Consolidation Officer, Sathiyaon, Azamgarh.
(iv) In case the parties do not cooperate in the proceedings and create any impediment, the respondent No.2-Consolidation Officer, Sathiyaon, Azamgarh shall record such findings and proceed in accordance with law.
(v) The respondent No.2-Consolidation Officer, Sathiyaon, Azamgarh may proceed with the hearing on a day to day basis, if necessary, to ensure that the above time period of four months is strictly adhered to.
With the aforesaid directions, the writ petition is disposed of finally.
Order Date :- 7.1.2021 Ashish Tripathi